Facts: It is allege that an illicit relationship is being committed between a professor and his student.

Due to the aforementioned hearsay, the dean of the University instructed his IT manager to secretly access the concerned professors University e-mail. Issue:

1. Whether or not the deans action is correct? Will it cause damage due to
impairment of employer and employee relationship?

2. Whether or not the professors privacy was breached by the cause of action?
Suggested answers: 1. Yes. There was an impairment of employer and employee relationship. Although, the interest of the dean is to protect the Universitys credibility, his cause of action is wrong as it may inflict damages towards the professors chastity and dignity. Given that the incident is only a hearsay, the dean do not have such reasonable and compelling cause to initiate such instruction which is tantamount to breach of professors privacy. Furthermore, his cause of action is undeniably of using his ascendancy and influence over the IT manager, compelling him to check the professors e-mail.

2. Yes. Accessing private emails without the concerned parties knowledge is a

breach of his privacy and rights in accordance to paragraph 2 of article 26 and paragraph 11 of article 32 of the New civil code which states that: Article 26. Every person shall respect the dignity, personality, privacy and peace of mind of his neighbors and other persons. The following and similar acts, though they may not constitute a criminal offense, shall produce a cause of action for damages, prevention and other relief: (2). Meddling with or disturbing the private life or family relations of another. Article 32. Any public officer or employee, or any private individual, who directly or indirectly obstructs, defeats, violates or in any manner impedes or impairs any of the following right and liberties of another person shall be liable to the latter for damages: (11) The privacy of communication and correspondence. Even if the email was owned by the University and existence of such disclaimer saying the institution has the right to check employees private email still the statute or the Civil Code being law of the land shall prevail over the private institutions policy and guidelines especially when the latter may inflict undesirable effects and violation of human rights.

Reference: Civil Code of the (http://www.chanrobles.com/civilcodeofthephilippines1.htm)

Philippines